The transport regulator has rejected claims of systemic failure after a worker was killed by an unroadworthy truck in Auckland last year, insisting the tragedy was the result of an individual’s actions.
But the National Road Carriers Association (NRC) says the death of Johnathon Walters shows deep flaws in New Zealand’s regulatory system, with cross-agency failures allowing unsafe operators to remain on the road.
Ashik Ali, owner of Ashik Transport Ltd, pleaded guilty to manslaughter over the May 2024 incident in which his unroadworthy 20-tonne truck rolled downhill and struck Walters during resurfacing work in Remuera.
The truck Ali was driving had a long history of safety issues. It was first pink-stickered in 2017 and failed multiple inspections after that. For at least three years it had no certificate of fitness, yet Ali continued to run it and had removed the stickers meant to sideline the vehicle.
According to court documents, the truck’s brakes failed while parked on Victoria Ave, sending it reversing at speed into Walters and his colleagues. Walters later died in hospital.
Ali initially fled the scene but was later arrested and charged. He will be sentenced later this year.
‘A death that never should have happened’
NRC chief executive Justin Tighe-Umbers says the tragedy has triggered a strong response from the industry.
He says he’s received “unprecedented feedback” following his recent article, ‘Systemic failure killed Johnathon Walters‘. The piece examined the avoidable death — an issue, he notes, that cuts to the core of industry safety and compliance concerns.
“This was a death that never should have happened … Johnathon’s death was caused by a series of systematic failures. Highlighted by the fact that after many significant breaches the operator was still able to beat the system and to win work.”
Tighe-Umbers says NRC is reviewing compliance failures across multiple agencies and has contacted the Director of Land Transport seeking answers from Waka Kotahi NZ Transport Agency (NZTA).
“A major missed opportunity has been cross-agency cooperation. We want this surfaced,” he says.
NZTA: Individual, not the system, at fault
However, the transport agency has pushed back against suggestions that regulatory shortcomings were to blame for the fatal incident.
“NZTA had applied the regulatory levers available to identify the poor state of the vehicle and to address the immediate risk to public safety,” it told RNZ.
“Regardless, an individual (Mr Ali) subsequently made a decision to illegally drive this unregistered and unsafe vehicle after it had been ordered off the road, resulting in the death of another person.”
While NZTA acknowledged it did not revoke Ashik Transport’s licence, it maintained this step would have been unlikely to stop the crash. Ali had already chosen to drive a vehicle that was pink-stickered and prohibited from being on the road.
The agency added that Ali’s guilty plea underscored that the tragedy was due to “the actions of the individual.”
Industry warning
Tighe-Umbers says the case underscores how unsafe operators can slip through the cracks.
“It is far too easy to become a transport operator in New Zealand. Once you pass an open-book test, you’re licensed to operate a transport business of any size, no business plan, no proof of sustainability, and no required experience or expertise,” he says.
He has called for tougher enforcement powers, tighter entry standards, stronger chain of responsibility laws, and greater education for freight customers who choose unsafe cut-price operators.
“This must be a turning point. Nothing can bring Johnathon back to his family. But his death must not be in vain. Let it be the catalyst for change. Reform the system before this happens again.”
